Eastern District of California Blogtag:typepad.com,2003:weblog-18247872016-06-24T18:58:35-07:00This blog focuses on news and information regarding practice in the federal courts in the Eastern District of California, with a special emphasis on criminal and civil rights cases. TypePadFresno judge to decide request to release Clovis police files in beating civil rights casetag:typepad.com,2003:post-6a011278de342f28a401b7c8730ca3970b2016-06-24T18:58:35-07:002016-06-24T18:58:35-07:00A federal judge on Friday was leaning toward making public confidential Clovis police documents regarding one of four officers involved in the alleged beating of a motorcyclist in September 2012. “Documents used in judicial proceedings are presumed to be public record,” Magistrate Judge Barbara A. McAuliffe said in U.S. District Court. The case involves George Macias Jr., 24, who says in his federal civil rights lawsuit that four Clovis police officers savagely beat him while he was handcuffed and used...John Balazs

A federal judge on Friday was leaning toward making public confidential Clovis police documents regarding one of four officers involved in the alleged beating of a motorcyclist in September 2012.

“Documents used in judicial proceedings are presumed to be public record,” Magistrate Judge Barbara A. McAuliffe said in U.S. District Court.

The case involves George Macias Jr., 24, who says in his federal civil rights lawsuit that four Clovis police officers savagely beat him while he was handcuffed and used a stun gun on him. He is seeking unspecified damages for alleged violation of his civil rights, assault, battery, excessive force, malicious prosecution and intentional infliction of emotional distress.

Plaintiff's attorney seeks to unseal information in civil suit against four Clovis police officerstag:typepad.com,2003:post-6a011278de342f28a401bb090f5ea4970d2016-06-10T15:51:54-07:002016-06-10T15:51:54-07:00On a September night four years ago, 20-year-old George Macias Jr. was riding his motorcycle on Willow Avenue when a Clovis police officer pulled him over. What happened next to Macias is the subject of a federal civil rights lawsuit in which Macias contends four Clovis police officers savagely beat Macias while he was handcuffed and used a stun gun on him. Police then arrested Macias on charges of resisting arrest. All lies, attorney Charles Tony Piccuta says in court...John Balazs

On a September night four years ago, 20-year-old George Macias Jr. was riding his motorcycle on Willow Avenue when a Clovis police officer pulled him over.

What happened next to Macias is the subject of a federal civil rights lawsuit in which Macias contends four Clovis police officers savagely beat Macias while he was handcuffed and used a stun gun on him.

In fact, a Fresno County Superior Court jury in March 2014 found Macias not guilty of resisting arrest. Macias pleaded guilty to the traffic infraction of driving a motorcycle without a license, court records say.

Piccuta says the proof that officers Steve Cleaver, Cesar Gonzalez, Eric Taifane and Angel Velasquez fabricated their account is in his second-amended civil complaint against the City of Clovis. But the file includes redactions ordered by U.S. Magistrate Judge Barbara McAuliffe. The redacted information covers confidential Internal Affairs documents pertaining to the officers’ account of the incident.

On June 17, Piccuta, who has filed a motion to unseal the information, will ask McAuliffe to reconsider her decision. “I’m fighting to make this public because everyone in Clovis should know this information,” Piccuta said in a telephone interview.

Sacramento Bee Challenges Sealing of EDCA Court Plea Agreementstag:typepad.com,2003:post-6a011278de342f28a401bb08f487db970d2016-05-02T19:56:49-07:002016-05-02T19:56:49-07:00Documents have been sealed without explanation in a federal criminal case in Sacramento involving distribution of drugs, and the judge refused to consider The Sacramento Bee’s objection to the irregular actions. U.S. District Court Judge Troy L. Nunley on Thursday said the court’s rules were followed in sealing the documents in the case against Rodney Lynn Braun and Robert Larry Moore for conspiring to distribute Dilaudid and morphine, and would not hear The Bee’s protest that the rules were not...John Balazs

Documents have been sealed without explanation in a federal criminal case in Sacramento involving distribution of drugs, and the judge refused to consider The Sacramento Bee’s objection to the irregular actions.

U.S. District Court Judge Troy L. Nunley on Thursday said the court’s rules were followed in sealing the documents in the case against Rodney Lynn Braun and Robert Larry Moore for conspiring to distribute Dilaudid and morphine, and would not hear The Bee’s protest that the rules were not followed.